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City shall have the right, at any time after a dispute between Owner and its <br />mortgagor, or between either of them and any other person has arisen, to <br />pay the Funds into any court of competent jurisdiction for payment to the <br />appropriate party, at which point the City obligation under this <br />Agreement shall terminate. <br /> <br />11. Owner agrees to indemnify the City against all losses, claims, damages, <br />liability, and expenses, including, without limitation, costs or investigation <br />and legal counsel fees which may be imposed on the City or incurred by <br />the City in connection with the performance of its duties under this <br />Agreement, including, without limitation, any litigation arising from this <br />Agreement or involving the subject matter of this Agreement, except as to <br />negligence or willful malfeasance of the City. <br /> <br />12. Wherever any notice is required or permitted under this Agreement, the <br />notice shall be in writing and shall be deemed given on personal delivery <br />or upon mailing in the United States Mail, registered or certified mail, <br />return receipt requested, postage prepaid, to the addresses set out below or <br />at other addresses as specified by written notice delivered in accordance <br />with this Agreement: <br /> <br />a. Owner: Propel Investments, L.L.C. <br />Attention: Patrick Walsh <br />13973 Geneva Avenue North <br />Hugo MN 55038 <br />With Copy to pjw.walsh@gmail.com <br /> <br />b. City: City of Centerville <br />Attention: City Administrator, Mark Statz <br />1880 Main Street <br />Centerville, MN 55038 <br />With Copy to MStatz@centervillemn.com <br /> <br />13. Miscellaneous. <br />a. Assignment/Enforcement. This Agreement shall be binding upon <br />the parties hereto and their respective successors and assigns; <br />provided, however, that such assignment has been acknowledged <br />in writing, by all parties. <br />b. Amendment. This Agreement can be amended or modified only by <br />a writing signed by the parties hereto. <br />c. Jurisdiction. This Agreement shall be governed by the laws of the <br />State of Minnesota. <br />d. Counterpart. This Agreement may be executed in multiple original <br />counterparts, duly executed by City and Owner provided, however, <br />this Agreement shall not become binding upon the City until it has <br />received manually executed original copies of the same from each <br /> <br />4 <br /> <br />Centerville - 7085 Centerville Road - ESCROW AGREEMENT - Version 03092021 <br /> <br /> <br />